Welcome everyone to the. 00:02:18
City Council regular meeting. I'm calling this meeting to order. The time is now 3:00 PM. 00:02:20
Madam Clerk, can you please take roll? 00:02:26
Council Member Gamma. 00:02:29
Here, Council Member Hernandez. 00:02:32
Here. 00:02:34
You said regular meeting. It's a special meeting. Ohh my bad. It says my apologies. Just want to make sure I'm here at the special 00:02:35
meeting. 00:02:39
Council member Hernandez here, Council Member McQueen, Lesean. 00:02:44
Here. 00:02:49
Mayor Pro Tem Perez here and Mayor Martinez present. 00:02:49
All right. 00:02:58
We will now hear public comments soon. Participants, please use the Raise Your Hand feature if you would like to comment. 00:02:58
You will have 3 minutes to provide comments. 00:03:05
Madam Clerk. 00:03:07
Does anybody in the public have a comment? 00:03:08
There are no public comments. 00:03:11
OK. 00:03:14
Are our business item for today's governance role training session one? 00:03:15
I will now turn it over to our presenter. 00:03:21
Thank you, Mr. Mayor. Appreciate that. 00:03:30
I I'm grateful to be with you today. I'm grateful to see you all today. 00:03:32
And having heard so much about our city attorney through other circles and these. 00:03:37
Good to meet our City attorney face to face for the first time. 00:03:42
So thank you. Thank you for taking the time out of your busy schedules. I I sure do appreciate that. 00:03:45
And I also appreciated. 00:03:50
The opportunity that I had to to meet all of you. 00:03:52
Taking time that day. 00:03:56
And whether here or or via zoom to chat with me. 00:03:58
About the nature of these relationships. 00:04:02
Our city as a whole, it was very evident to me. 00:04:05
After speaking with all of you. 00:04:09
That the one thread that absolutely binds you together. 00:04:11
Is your desire your genuine and sincere desire? 00:04:15
To want the best and to try and achieve the best for the city of Port Wanami. 00:04:19
So I I applaud you for that. I do believe. 00:04:24
With all my heart that um. 00:04:27
You are evidence to me of of the absolutes. 00:04:30
Purest form of democracy because people. 00:04:34
In a representative government. 00:04:38
Like we have. 00:04:40
Often don't have access to our representatives. It's not easy to get to a Congress person. Maybe for some of you it would be or 00:04:41
others who have a local person. 00:04:45
You know, even state assembly, State Senate in California. 00:04:49
Or United States Senators, United States Congress, people hard to really feel like they're representing your interest when they 00:04:53
have so many to represent. 00:04:57
This is different. 00:05:01
If I'm a resident of of Port Winema, I might run into Laura at the council member Hernandez at the grocery store. 00:05:03
Right. I might run into our good mayor at a laundromats or a beach events or something else. 00:05:10
And I'm going to bend your ear a little bit, right? Why can't this happen or that happened and so forth. 00:05:16
And people will complain, in case you didn't know. 00:05:22
Right. So you are truly a pure form of democracy, and I appreciate that. 00:05:26
And and that's kind of where this story begins. We. 00:05:30
We come together. 00:05:33
And we're ordinary citizens. 00:05:35
Sometimes, though, we have extraordinary backgrounds, and in my discussion with you I learned a bit about each of you. 00:05:37
And the story that your life tells. 00:05:43
Your education, your work experience, whatever that is. 00:05:45
And we come together with five talented people. 00:05:49
And the concern that I run into. 00:05:53
Not more often than not, but often enough. 00:05:55
Is that 5? 00:05:58
Really capable and talented people. 00:06:00
Come together. 00:06:04
And can form a rather ordinary governance team. 00:06:05
That is the challenge. 00:06:10
That I run into often, but not more often than not. 00:06:11
And there are situations here on your team where you are, I believe, a better than ordinary citizens. I think with some of your 00:06:15
backgrounds, you're quite extraordinary. 00:06:19
And we need to address some of the things. 00:06:25
That can help us achieve. 00:06:27
That same level. 00:06:29
As a collective. 00:06:31
Right. Often people are driven to be part of something bigger than themselves. I know I've been driven that way, and I don't want 00:06:32
to project my paradigm as if everybody is. 00:06:36
But certainly this is one of those things, the potential. 00:06:41
For this city. 00:06:44
To be the best version of it can, it can be with the five of you leading it, and I do mean the five of you, because you are the 00:06:45
highest level of leadership in this city of Port Wanami. 00:06:50
The potential is immense. It is great. 00:06:57
And you can lead us into the best version of the city of Port Winema that we've ever been. 00:07:00
If not you, then who? 00:07:05
Right. That's the message and and we've put faith in you and when I say we as a reference to the people, right and. 00:07:07
And and this idea of. 00:07:14
We formed this government not to abdicate our responsibility or our ownership. 00:07:16
But because we entrust you with the public trust. 00:07:21
And that's what we're going to start once I get through a couple of admonitions and I'm sure you can see on the screen. 00:07:24
In front of you here I don't want any of you. 00:07:29
To let history. 00:07:32
Rob, you of any hope that we can be any different than what we have been? 00:07:34
You absolutely. 00:07:39
Can be. 00:07:40
More productive? More efficient? More effective. 00:07:42
Than we have been in the past. 00:07:46
You can be equally successful in areas where you've been successful in the past, because I don't want to suggest for a minute. 00:07:47
That you haven't accomplished much because you have. 00:07:53
The civic minded people coming together can always accomplish the will of the people. 00:07:56
When they have their mindset to it and they can remove any artificial obstacles that are placed before them. 00:08:01
But some part of our history here has led to the point. 00:08:07
We're on this, Council. 00:08:10
There has been experience and experience of dysfunction, disharmony, some dissension and some discord. 00:08:12
That does not make you unique. There are many governance teams that experience that and. 00:08:19
Can get past that. 00:08:24
Right. And so I don't want any of our history. 00:08:26
To rob us of any idea. 00:08:29
That we can't be can be a harmonious, effective, productive. 00:08:31
Efficient dischargers. 00:08:35
As a governance team and as individual council members. 00:08:37
That's my personal maxim. Histories to be learned from, not lived in. 00:08:40
And you've all heard the other one the more famous statement about history. Those who fail to learn from history are doomed to 00:08:44
repeat it. 00:08:46
Winston Churchill gets credit for it. Like so many other quotes, even though he was not the first person to say it, he did say it. 00:08:50
But but the reality is we can learn from history, so we don't repeat it. 00:08:57
But we don't have to live in it either. 00:09:01
Let's live in the here forward. 00:09:04
We have a finite amount of energy on any given day. Yours is balanced between. 00:09:06
Your day work, and whatever else you fill your life with. 00:09:10
And then your civic duty that you commit to this great city and its residents. 00:09:13
If we said this bottle. 00:09:17
Represented. 00:09:19
For us a, you know, full complement of liquid energy. 00:09:20
That we get on a daily basis. 00:09:24
And I recall in my meeting with the Council Member Gamma. 00:09:26
He had a lot of energy, you know, he just come in from. 00:09:29
Where he was working and I could feel his energy and my guess is he probably rides his bike to work and all these other things, 00:09:32
no? 00:09:36
So we all have a full complement of energy. 00:09:40
But all of us, no matter how much we have, when we meet that person, that seems to have limitless energy, right? 00:09:44
We still have a finite amount. 00:09:49
Given how much finite amount we have on a daily basis? 00:09:51
Why would we waste any of it? 00:09:54
On things we cannot change. 00:09:57
Like the past. 00:09:59
Let's not do that as a governance. Let's not keep trudging up the past. 00:10:01
Thinking somehow that's going to benefit our future. Instead, let's become what we call energy efficient human beings. 00:10:05
Use our energy here forward, right looking at my watch 308 June 27/20/23 forward. 00:10:13
That's what we do. 00:10:20
If we want to be. 00:10:22
Professionally fulfilled. One of the characteristics of the happiest people I know. There are energy efficient human beings. They 00:10:24
don't waste any of it on the past, not even 5 minutes ago. 00:10:28
With all the talent in this room. 00:10:33
We can't even change 10 minutes ago, let alone. 00:10:35
A year ago, six months ago, whenever that thing happened, right? 00:10:38
So why waste it? Let's not. Let's put ourselves in positions to be successful going forward. And that's what this meeting is 00:10:43
about. 00:10:46
Being energy efficient, human beings leaving the past where it belongs. 00:10:49
And moving forward. 00:10:52
Right. With a set of understanding about how we're going to engage, when we engage, how we engage. 00:10:54
And really, some reminders. 00:10:59
I don't expect that anything I say to a group, this experience like yourselves. 00:11:01
Is going to be revolutionary. 00:11:06
Or remarkable. 00:11:08
But it will help us get on the same page. 00:11:09
And align our unique paradigms. 00:11:12
So don't let history rob you. 00:11:16
Of a different future. 00:11:18
Don't keep looking backwards. 00:11:20
Look forward. 00:11:22
And use our energy where we can so finite amount. The the 2nd admonition I just want to give to you is this one this Tolstoy Very 00:11:23
ironic Tolstoy comment. 00:11:27
Everybody wants to change the world. 00:11:32
But nobody wants to change themselves. What's the irony? Who's the one person we can change? 00:11:34
That's it ourselves. 00:11:41
As I see the mayor pointing to himself, right, that's it. And is that an easy proposition, by the way? 00:11:43
When we hit those reset buttons on January, one last many of us do. 00:11:48
New year, I'm gonna, I'm gonna own this year. 00:11:52
And we set goals. What does the research tell us about the average amount of time that people? 00:11:55
Are able to maintain their commitment to their New Year's resolutions. Any guesses? 00:12:00
Three months. 00:12:06
That's a common guest. 00:12:07
That's a guess. That's a common guess. People think three months. 00:12:09
I think there's a lot of you out there that are three months on those goals, right? The research tells us. 00:12:12
Four days. 00:12:18
So, Madam Mayor Pro Tem, if you're doing it for three months, you're way above average. You really are. I'm pretty average, I 00:12:21
think, when it comes to New Year's resolution. So what's my point? 00:12:25
Imagine. 00:12:31
If everybody. 00:12:33
Working for the best interests. 00:12:35
Of the city of Port Wanami. 00:12:37
Was focused on themselves, starting with this leadership team. 00:12:39
You are just focused on you. 00:12:43
Right. All this introspective analysis going on. 00:12:45
Right. What can I do to be the best governance team member I can be to be the best mayor, best council member, et cetera? 00:12:49
How am I contributing to the success of this thing we're trying to achieve? 00:12:55
How am I? Am I an obstacle? Am I part of the problem or am I part of the solution here? 00:12:59
If everyone of you and then following your example. 00:13:05
Every employee of this city and service provider and everybody else were committed on to, committed to, focusing on themselves. 00:13:08
Myoma, the things we could accomplish if that were the case. 00:13:17
Right. Amazing things would happen. We'd waste. 00:13:21
Zero energy worrying about ohh what my fellow officer is doing right, My fellow patrol officer on my shift. Why does he get to 00:13:23
come in at such and such a time? How come I don't get these many days off? How come they get to you know, let's just focus on us, 00:13:28
what we have control over. 00:13:33
How we do our job, how we discharge our duties and responsibilities, et cetera. 00:13:39
Sometimes we come to a session like this. We might think ohh. 00:13:43
This is not quite what I expected. 00:13:46
I'm sure glad that Council member so and so is here, because they need to hear this. 00:13:48
With in fact, what we really need to be focused on is. 00:13:53
How am I gonna be part of the best practices we're talking about here? 00:13:56
How am I going to be part of the solutions? 00:13:59
If each one of the five of you is focused on that. 00:14:01
Then we will accomplish much this afternoon, we really will. So I appreciate the opportunity to share that with you. I do feel a 00:14:05
little bit like I'm preaching to the choir on some of this stuff. 00:14:09
But I want to give us those reminders so we all start on the same page. One other thing before we jump into the first things I 00:14:15
want to talk about. 00:14:18
In the work that I do when I'm not doing specific work like this with governance teams. 00:14:22
I'm what you call a professional wedge remover. 00:14:27
Right, my clients call me. 00:14:30
And they say, hey Jerry, I got this issue going on in my public works department. Can you come in and figure out what's going on 00:14:31
with the streets crew? 00:14:34
Can you come in and figure out what's going on in my C shift? And my fire department? Got a lot of conflicts on turnover, some 00:14:37
stress claims. 00:14:41
And we come in and figure out what is the source of the conflict, what are the behaviors driving that conflict. 00:14:45
How is it being handled? By leadership, et cetera, et cetera, et cetera. And then by the end, we'll know, OK, here's what needs to 00:14:50
stop happening, here's what needs to start happening. 00:14:54
And one of the things that inevitably comes up, I can't think of a project in the last 20 years that I've been doing this. 00:14:58
Where this slide didn't come up and so I share it with you now. 00:15:05
Because I experienced it as I spoke with some of you. 00:15:10
How our tone changes when we're talking about certain other members of the council. 00:15:14
Right, when we're describing what the challenges are. 00:15:19
And who may be the one creating the challenge? 00:15:22
These tones, there's never, ever a justification. 00:15:25
For using these tones, they are 10 adverse impact tones. 00:15:28
And they usually come up in a way. 00:15:34
That if we're on the dice like this and. 00:15:37
You know, we have our our debate going on even though we have these. Wonderful. 00:15:40
You know, policies and procedures for our Council that were amended just about, gosh, not even a year ago. 00:15:46
And it talks about the stability and the professionalism, et cetera, that needs to transpire. 00:15:53
These tones which are neither civil. 00:15:58
Nor respectful. 00:16:00
Right, nor courteous still manifest themselves. 00:16:01
And there's zero justification for it. 00:16:04
I believe that the trust that's been placed in you. 00:16:08
By the members of this residence of this great city and all the other stakeholders who count on you. 00:16:11
Never in their mind thought, yeah, we want our council member who we supported. 00:16:16
To be up there using sarcastic tones. 00:16:20
Right. We want our council member up there to be a negative net or a negative Nelly about everything that's being said. 00:16:23
We want to condescending or its cousin patronizing tone to exit our council members voice right as they share things. So these are 00:16:29
they condescending, patronizing, angry, sarcastic, judgmental. 00:16:35
Frustrated and patient, negative accusatory and intolerance. 00:16:41
And the one I would say that does the most damage. 00:16:45
By way of city harmony. 00:16:48
By way of cultural. 00:16:50
You know, climates, that allows us to be the best version of us as elected, appointed or employees of the city. 00:16:52
Is accusatory. 00:16:58
The accusatory tone that comes out. 00:17:00
People just assume because they think it that it's universally true. 00:17:02
You know you're not doing XYZ and therefore you don't get it at A. 00:17:07
Right. It's an accusatory tone. 00:17:11
And there's just no place for it. 00:17:14
In in society like this. 00:17:15
In a governance team like this where I've met you. 00:17:18
And I have sensed from each of you, I'm not perfect. I'm not a perfect measure of things. 00:17:21
But I have felt from each of you. 00:17:25
You're impassioned desire. 00:17:27
To be here for a different civil civic reason, perhaps. 00:17:29
But to be here in service to others, we just don't ever need to use these adverse impact tones. Any question about that? 00:17:32
Before I press forward with. 00:17:40
Other matters. 00:17:43
I'm not saying you always have to have a Mr. Roger Stone either, right? 00:17:46
When somebody upsets you or uses an accusatory tone at you. 00:17:50
But I also say that you don't have to mirror that tone back. 00:17:54
Somewhere between data input. 00:17:57
And to your personal paradigm. 00:17:59
Before your data output, which is your reaction or your response. 00:18:01
Is that golden moment for you to decide? 00:18:05
Or for you to follow a commitment you've already made. You can't decide in the moment. 00:18:08
If you decide in the moment you're going to lose the battle, you have to have decided well in advance. 00:18:11
No matter what people say or how they say it to me, remember the public fellow governance team member and employee of the city. 00:18:15
I'm going to maintain my civility and professionalism no matter what anybody else does. 00:18:20
And then in the moment you can reinforce it. 00:18:25
Right. You can reinforce that very thing. 00:18:28
So. 00:18:31
You don't have to be, Mr. Rogers, when somebody's screaming at you, both barrels of judgment pointed at you. 00:18:31
But you absolutely can maintain your stability with a serious tone. I I don't appreciate the way you're speaking to me. I don't 00:18:38
appreciate the tone that you're using and the accusations that you're making. So I'm just going to step away, all right? 00:18:43
There's an OK tone. It's neither friendly nor unfriendly. It's just a serious tone. 00:18:50
But going back at them, we win nothing if we start to fall into these tones. So I shared that with you. There's the road map 00:18:55
talking about the public trust, leaders and leadership, the role of City Council, the council manager, form of government. Couple 00:18:59
reminders. 00:19:03
Things that you know, because I'm just going to rely on. 00:19:07
City of Port Wines Municipal Code. 00:19:10
And then, leading by example, the importance of civility and professionalism, reinforcing a couple of things. 00:19:12
Supporting and policing one another. A lot of that right can be found at the end of this document, but a lot of it comes in the 00:19:18
day-to-day support of one another and how. 00:19:22
You connect. 00:19:27
And how you can remedy things when they go wrong. 00:19:28
Some of the stuff that's going to be talking about conflict prevention. 00:19:32
Conflict resolution. 00:19:36
Positively responding to the conflict. 00:19:38
Will be in our July 25th meeting if I have that date correctly. 00:19:40
July 25th. 00:19:46
I'll confirm that later, and then some pitfalls to avoid at the end. 00:19:48
There will be pitfalls that we talk about and we may have talked in some of our meetings, not all of them. 00:19:52
Where we talk about hey. 00:19:57
When I'm out in the world. 00:19:59
I'm a council member. I'm the mayor, the mayor Pro Tem. 00:20:00
But I'm speaking as an individual, you know, isn't that OK? Don't I have the ability to do that? We'll cover some of those in the 00:20:04
pitfalls to make sure that we're not doing things in a way that could undermine the collective efforts of this great governance 00:20:10
team. So with that in mind, let's start with my favorite bits of the Brown Act. It's just one slide. This is all we're going to 00:20:15
cover in the Brown Act right here. Is this because it's almost poetic in nature? It's in the preamble. 00:20:21
Public commissions, boards, councils and other legislative bodies of local government agencies exist to aid in the conduct of the 00:20:27
people's business. 00:20:32
Don't you love that purpose? 00:20:38
That's you. 00:20:40
You exist to aid in the conduct of the people's business. 00:20:42
That people do not yield their sovereignty to the bodies that serve them. 00:20:47
The people insist on remaining informed. 00:20:51
To retain control over the legislative bodies they have created. 00:20:53
So they have entrusted you. They said, hey, this person today I'm going to vote for council member Stephen Gamma. 00:20:58
Right, the incumbent, because I believe he will help aid in the conduct of the people's business. Today I'm going to vote for 00:21:05
Council member, Mayor Pro Tem Misty Perez because I believe she will help us achieve what's best for the city. 00:21:11
They do that and they did that and here you are. 00:21:17
And that trust is well placed. 00:21:21
So long as we discharge. 00:21:23
The duties and responsibilities in a way that either builds. 00:21:25
Maintains. 00:21:29
At the very least, doesn't erode the public trust. 00:21:30
Right. And there are different ways that that can happen. 00:21:35
So. 00:21:37
The people's business. That's what you're here for. 00:21:38
And there's a number of questions we can ask to that end right to to be successful at it. 00:21:41
And when you take your ethics training every couple years, these are four pillars that I believe. 00:21:45
Summarize that whole 2 hour ethics training that we do first one when you're making a decision, am I acting in the best interest 00:21:51
of the public? 00:21:54
If that is one of the four pillars that drives your decision making, along with all the best information provided by this 00:21:59
incredible. 00:22:02
City staff that work around us here and those staff reports. 00:22:06
That is a great pillar that will keep you safe. You don't have to be experts in the law. 00:22:09
And know everything about. 00:22:13
Government Code section 1090. 00:22:15
Or Penal Code section 68 on. 00:22:17
Bribery and other such things. You don't have to know all that. 00:22:20
Is this in the best interest of the public? 00:22:24
Right. And is this. 00:22:26
Well prepared, compliant with the Brown Act, so that we can act upon it. 00:22:28
And then we move forward a second pillar that should help us. 00:22:32
Anything that looks like self interested dealing we need to avoid. 00:22:35
Anything that looks like it's going to benefit us, we need to avoid. 00:22:39
This is all about maintaining building. 00:22:42
At the very least, not eroding that public trust. 00:22:44
And there are in those trainings and. 00:22:47
With our. 00:22:50
Well heeled, great experience law firm that we have as a City Attorney's office. 00:22:51
An ounce of prevention is worth a pound of cure. 00:22:57
And we need to really address things, vet things, and filter things. 00:23:01
Through our cities City Attorney's office, if there's even a question. 00:23:05
Of self interested conduct, self interested dealing. 00:23:08
So that we make sure that we are clearing there and that's our clearing house. 00:23:11
They are the ones who can help us. 00:23:15
If we come to them after the fact, that can be problematic. So anything by way of self-interest in dealing we should avoid. 00:23:17
Right. That's a second great pillar, third out of the four. 00:23:24
Don't abuse a position or authority. 00:23:27
And sometimes it doesn't feel like we're abusing position or authority. 00:23:29
And the rest of the public perceives it as abusing position or authority, little things. 00:23:32
Right like this. Pick an employee, not a governance team member. 00:23:38
Who shows up at A? 00:23:41
You know a formal grand opening event at a local Java Hut somewhere. 00:23:43
And. 00:23:47
You know the person who's the managers from the community. They've known each other all their lives. 00:23:48
And the person says to our our. 00:23:52
Building code compliance officer, right and whatnot. 00:23:54
Hey, well, looks like you're here. I should have expected it. You always wanna free anything? Like a free cup of coffee. Just 00:23:58
joking, Busting chops kind of thing. 00:24:02
And the employee doesn't take it that way. 00:24:05
Well, you're just lucky. I have a sense of humor, so I don't notice all the violations you have in this corridor with these boxes. 00:24:07
Blocking the fire exits. 00:24:13
May not seem like much, but it could be the appearance of abusing position or authority to other folks right to that end. 00:24:15
We have to be careful with the things we say. 00:24:23
Right, even as private citizens, right? Even as. 00:24:26
Non elected individuals with First Amendment rights. 00:24:30
We always have to be careful and and the public is counting on you for that. So act in the best interest of the public, avoid 00:24:34
self-interest to dealing, don't abuse your authority or even have that vision of it. 00:24:39
And then avoid even the appearance of impropriety the good news for you. 00:24:45
You know all this. 00:24:49
You have it already. I've gone through these 34 pages. 00:24:50
Of our policies and procedures for the Council. 00:24:54
Again amended last September and formally I think with our city clerk signature sometime in November. 00:24:57
Of last year. 00:25:03
I share with you the appearance of impropriety can help you in so many ways. 00:25:05
Years ago, when I was still in the trenches as a trial lawyer. 00:25:10
Myself and another. 00:25:13
Umm. 00:25:15
Partner at the firm. I was an associate at the time. 00:25:16
Where I'm responsible for taking anything that was born to trial to go to trial. Not everybody wants to. In most cases, don't. 00:25:19
Umm. 00:25:25
You know, upwards of 98%, somewhere in there. That number fluctuates. 00:25:26
Don't go to trial. They settle, get dismissed, whatever. 00:25:30
Well, we had to take them when they did and we enjoyed it, so. 00:25:33
And one was handed off to me where I had to represent a law firm. 00:25:36
That was being sued for malpractice. It was an insurance claim. It was a matter of expertise, but I could handle that. 00:25:39
And I went there and now one of the partners at the firm. 00:25:44
And by the way, they were just being sued because they were trying to collect 800,000 that a client owed them after a verdict, not 00:25:48
in their favor. 00:25:51
And so they didn't want to pay, and they thought they could get leveraged by. 00:25:55
By suing for malpractice, a common thing that happens. 00:25:58
So there was no actual evidence of malpractice by the firm that was supportable and in the middle of this binding arbitration. 00:26:01
Pursuant to their fee agreement, they settled. 00:26:07
And for almost the full price that the law firm was trying to collect, one of the partners had now become the presiding judge. 00:26:11
That's the Superior Court for their county. 00:26:15
And we went to lunch where 5 counties away. 00:26:19
From where they were. 00:26:21
The presiding judge. 00:26:23
And as I bought dinner. 00:26:25
And this icon in downtown San Jose called Original Joe's. 00:26:27
I was getting ready to pay the bill and she pulls out her purse and. 00:26:31
Starts to give me someone. I said no, no, no. I'll call her Lisa. No, Lisa, it's OK. I'm. I'm gonna cover it. You know, that's my 00:26:35
responsibility. 00:26:37
She says no, no, I have to pay for my own. 00:26:40
And I said we are five counties away. No one's gonna know I bought your lasagna. 00:26:43
And some cheesecake. 00:26:47
And and I felt I was a pretty moral guy saying all those things. 00:26:49
Sealing forward, you know where this is going, right? Sealing forward. And she said Jerry. 00:26:53
I don't know. 00:26:58
And boy, I felt that. 00:27:01
Chastisements, right. Professional chastisement, right there. What's that measure of character we hear so often? 00:27:02
If you have the chance to get away with somebody, no one's ever gonna find out. 00:27:09
But you do the right thing anyway, but you comply anyway. 00:27:13
That's the measure of real character. And this was I was sitting in front of her. 00:27:16
The measure of real character. She taught me a lesson that day. 00:27:20
In 19. 00:27:22
9899 That all these years later I still hold dear to the heart. 00:27:24
Because of the. 00:27:29
It cut me to the course what it did. 00:27:31
O even avoid The appearance of impropriety goes beyond that. 00:27:33
You know and and we'll talk about that a little bit more at some point given our our time. 00:27:37
But those are it if you're focused on these four pillars driving what you do and your formal capacity and those chairs. 00:27:42
Great things will happen. 00:27:48
As well as the civility and the professionalism. 00:27:50
With which you conduct yourselves individually and collectively. 00:27:53
Right, so. 00:27:58
It all boils down to this. 00:27:59
Are you truly committed to being a leader? 00:28:02
Business schools across this great nation, dare I say, across the globe. 00:28:09
Have tried in vain. 00:28:14
With the research that they're doing still today. 00:28:15
To create a universally accepted definition of what a leader is. 00:28:18
And to date one has not been created. 00:28:22
That's academically supported. 00:28:25
You know, we have a military version of leadership. 00:28:27
That gets employed. It's often top down. It's often autocratic and authoritative. 00:28:30
But even that requires more soft power than it used to, given today's military. 00:28:35
Right, there's no one way that works best. 00:28:39
There's democratic leadership. 00:28:42
Servant Leadership. 00:28:44
The list goes on of the types of leadership, affiliative leadership. 00:28:46
Et cetera. 00:28:50
And there is no single best way. 00:28:51
That we can count on, so we're not asking anyone of the five of you. 00:28:54
To align your individual paradigm with one way to lead. 00:28:57
Because that would be a mistake. 00:29:01
The people didn't vote for that. 00:29:02
But they voted for. 00:29:04
Or whatever your leadership style is. 00:29:06
We want you to be courteous, professional and civil. 00:29:08
We want you to get things done. 00:29:11
Right. We want you to get it done. 00:29:14
And that will be their measure of success for so many in positions of authority. 00:29:16
Peter Drucker uses this definition right. The only definition of a leader is someone who has followers. 00:29:20
And it's pretty simple. 00:29:25
But it's real. 00:29:27
And by this definition, all of you. 00:29:28
All of you are defined as leaders. I want to be clear about that. 00:29:31
You have people who follow you don't know if they follow you on Facebook, social media or anything else. 00:29:34
But you're here because you have followers, people who like your version. 00:29:39
Of what we want to do, and we'll follow you because of it. 00:29:43
Umm. 00:29:47
Different experiences you bring to the table. I like Mother Teresa's an awful lot. Your true character is most accurately 00:29:48
measured. 00:29:51
By how you treat those who can do nothing for you. 00:29:54
I love that. 00:29:59
Right. How do you treat people who can do nothing for you? 00:30:00
Well, I'm. 00:30:03
I have I venture to guess that we could probably fill this room. 00:30:05
With people who could give us examples of your goodness. 00:30:08
And the things you do for them. 00:30:11
Even though. 00:30:13
You may not gain anything from them, right? You someone say a vote, but there's other places to get those votes. 00:30:14
Can you do things for a neighbor? An elderly neighbor? 00:30:19
I I have this dream that I'm not gonna travel as much. 00:30:23
One day. 00:30:26
As I do now, every Monday and every Friday I'm on an airplane. 00:30:27
And then work Tuesday, Wednesday, Thursday and that dream will include then. 00:30:31
Me being able to take a Thursday night or a Friday night at 3:00. 00:30:34
Of my local senior homes, skilled nursing facilities and other places. 00:30:38
To take my very musical family and entertain them. 00:30:43
Even though they can have nothing that they can give us or do for us, but I do feel like just their their warmth and their 00:30:46
reaction is giving me something. 00:30:50
I believe in this very much. And then Sam Walton. 00:30:55
Leaders must always put their people before themselves. If you do that, your business will take care of itself. 00:30:58
And in your case. 00:31:04
Your people are the people. 00:31:05
The people. 00:31:08
Right. You're about their business. 00:31:09
And if you put them first, I believe this one makes sense for us. 00:31:11
As a governance team in a public entity. 00:31:15
And so that's why I appreciate this one and why it makes sense to use a retail. 00:31:17
You know, giants not not everybody loves. 00:31:22
Because it makes so much sense in the context of. 00:31:25
Public service truly now, while there is no definition, universal definition. 00:31:28
Of what a leader is. 00:31:32
There is a universal definition of leadership. 00:31:34
There is. 00:31:38
Now I can't say because I haven't worked on every continent I've worked in the Western Hemisphere. 00:31:39
Right. I've worked in Mexico and Central America, done a little bit of consulting. 00:31:44
In South America. 00:31:48
Mostly remote stuff that we do in that regard. 00:31:51
And I will tell you. 00:31:54
That this definition crosses international boundaries, but I can't speak for the continent of Africa or. 00:31:55
Or Asia, South, Asia, et cetera. 00:32:01
But you tell me if it resonates with you. 00:32:04
The ability to provide a common or shared objective. 00:32:06
And then motivating a group to achieve that objective. 00:32:09
That is absolutely a universal definition of leadership in the world that I travel in. 00:32:14
The ability to provide a commoner shared objective than motivating a group to achieve that objective. 00:32:19
And you can do it in any context. 00:32:24
And you don't need a title to engage in leadership. 00:32:26
A kid walking down the street here. 00:32:30
Could see something like a huge branch fall off because of a windstorm. 00:32:32
See a couple of grown-ups, a couple of adults and a couple of kids. 00:32:36
And say, hey Sir, can you stop that traffic from coming? Then me and these other kids will take that branch and move it. 00:32:39
So that this won't be a hindrance to the rest of these people. That's leadership. 00:32:44
The ability to provide a common or shared objective, then motivating a group to achieve that objective. 00:32:48
That is what the people expect of you. 00:32:53
As a governance team. 00:32:56
To provide this commoner shared objective. So if someone came up to you today. 00:32:58
And, said council member Gamma, This is rhetorical, don't answer. 00:33:02
What are our objectives in the city? What are we trying to accomplish in the next 18 months? 00:33:06
Council Member Hernandez, What? Our three-year goals, our five year goals. 00:33:12
What foundation are we laying for Port Wanami 20 years from now? 00:33:16
In 2043. 00:33:20
Can we answer those questions? 00:33:22
What are the common or shared objectives? 00:33:24
You may be able to, you may not. I don't know. I don't have enough information to that effect. 00:33:26
I do know that as part of these trainings that were. 00:33:30
You know brought to you by the joint powers authority you belong to. 00:33:33
California JPA. 00:33:37
Terrific pool, by the way. 00:33:39
No connection to him. 00:33:41
Beyond being a service provider for them, but I will tell you. 00:33:43
For many years I owned a firm. 00:33:46
That ran 14 JPH. 00:33:48
We were not public entity employees, We were private staff contracted to run these 14 Jpas. 00:33:51
All over the state of California. 00:33:55
And I compare our teams, which were great. 00:33:57
To the team at at CJPIA. 00:34:00
And equally great, they have a great, great team there and a great resource to all of you to that end. 00:34:03
So. 00:34:09
Are we doing this? Where are we one of the sessions to get back to Cal JPA? 00:34:10
Is they want to support here? 00:34:14
Is to provide and it's not something that we'll do, but somebody else. 00:34:16
A strategic planning facilitator for you? 00:34:20
So that you can update right? Even if you have goals? 00:34:23
Make sure we get those up to date and do that. I don't know how long it's been. I don't know if any of these anyone on this 00:34:26
council has been involved in a strategic planning session. 00:34:30
Or if this team as a whole has, so that'll be something that's important to be able to answer these questions. 00:34:34
And so. 00:34:39
This city needs your collective leadership. 00:34:41
We we love you individually. We need you collectively more than ever. 00:34:44
And so let's just delve right into that then, this council manager form of government. 00:34:48
Relying on. 00:34:53
First, your role, right? What is your role? 00:34:54
When we look at this, that's what this next slide is all about. 00:34:57
Four parts. 00:35:00
Easy to remember. 00:35:02
You could probably share them with me, but let's start with the first one. 00:35:03
You set the direction. 00:35:07
You provide the vision. 00:35:08
For this great city. 00:35:10
What are we about? 00:35:12
If we are here to aid in the people's business. 00:35:14
What do we believe needs to happen? 00:35:18
Over the short term, the midterm, and the long term. 00:35:20
To support the people's business. 00:35:23
It may be involved, but please, Council Member again, can I request that a light up here be turned on? 00:35:29
Or. 00:35:35
Maybe a little more light? 00:35:36
Is that good or you want? Yeah. 00:35:37
Yeah. 00:35:40
Thank you. Thank you for that request. We want you all to be comfortable and be able to see everything. 00:35:41
I just requested the darker because I look better in soft lighting so. 00:35:45
So the vision, right? For some of you, that vision may be. 00:35:50
That we want facilities. 00:35:54
In the jurisdiction. 00:35:56
Of the city of Port Winema to be available to its residents. 00:35:57
Parks, beaches, whatever that is. Courts. 00:36:01
Umm. 00:36:05
Common areas for picnics and gatherings. 00:36:05
That may be a vision for what you have, and collectively you need to decide where that is on the priority. 00:36:08
Versus. 00:36:15
Infrastructure, things like what does, what do our water pipes look like that are primary providers? 00:36:16
Of our clean drinking water. 00:36:23
Right. Are we gonna start to sever some infrastructure that we know some of our larger cities to the South? 00:36:26
Have impacted them over the years, this last 10 years in particular. 00:36:31
And and created them. 00:36:35
Tremendous deficits that may not, may or may not have been planned for, depending on who you ask. 00:36:38
And all were a part of deferred maintenance. 00:36:42
Right, Because we thought we had time. 00:36:45
When these? 00:36:47
Clay, ceramic, and other such material water pipes were put in in 1908, or whenever that was. 00:36:48
So what are those goals that will give us the opportunity to say, OK, our vision is? 00:36:55
A safe. 00:36:59
Well heeled infrastructure for the city. 00:37:01
A data and then we break it down to other goals and then the city manager. 00:37:04
Takes those goals and we have a new city manager starting, so it's a great time to have this dialogue. 00:37:08
Takes those goals and ensures they understand them and you ensure they understand them. 00:37:13
And then they. 00:37:18
Delegate them to the different directors in the city. They get delegated down to managers without your vision. 00:37:20
The goals that our departments are setting. 00:37:26
Are just to the best of their ability. 00:37:30
To. 00:37:32
Deal with the day-to-day operational things of the City of Port Wanami. 00:37:33
And they're not, perhaps. 00:37:36
And I don't know them, so this isn't in any way a judgment of them. But in cities like this, where there's no overarching vision. 00:37:38
They create goals, these directors. 00:37:44
That they think. 00:37:46
Are the best. 00:37:47
For the department, for the city, et cetera. 00:37:49
And they may or may not be connected to one another. 00:37:51
We need this to be a cohesive collective, trying to move the collective needle for this city to achieve outcomes. 00:37:54
That you? 00:38:00
Envision. 00:38:02
Right. And it can only be done once we have that vision in place. So number one, set direction for the city. 00:38:03
#2 You adopt the policies and procedures that are needed. 00:38:09
To successfully. 00:38:13
Operate this city on a regular basis. 00:38:15
Right. What are the policies and procedures that set behavioral expectations? 00:38:18
That creates structure. 00:38:22
Because structure drives behavior. 00:38:23
Where there's no structure, some employees will not thrive. 00:38:26
And others might be paying on their own personal character, et cetera. But structure drives behavior. 00:38:30
And we set that structure through a number of policies that we create so. 00:38:35
Vision. 00:38:39
Policies and procedures. 00:38:39
And then you are. 00:38:41
Advocates. 00:38:43
To the world. 00:38:44
Right. So this world that we call Port Wanami. 00:38:45
And you share those with the people you encounter in your various roles and capacities. 00:38:47
At both official and unofficial. 00:38:52
Engagements that you're out there. 00:38:55
Attending. 00:38:57
Representing the city. 00:38:58
You share with people? Yeah. Here's what we're doing, here's what we're focused on. When you go to regional things and you meet 00:38:59
with other council members from other cities. 00:39:03
In the county or beyond? 00:39:06
Right. You talk and you listen to them and what will you impart? The things that you're all about? 00:39:08
And what we're trying to achieve here in the city and how and why, etc. 00:39:13
So you're the great champions? 00:39:16
Every goal needs champions. 00:39:19
And you were the great champions of those goals to folks that will listen. 00:39:21
And and those folks are typically members of the community and other stakeholders, typically not the employees themselves, but 00:39:25
everybody else. Yes, those goals should be shared through their leadership chain. 00:39:30
From city manager to director to Manager, supervisor, then the employees themselves and lastly. 00:39:35
And this is your role right on this leadership that we need you hire a city manager. 00:39:42
That is one of your primary objectives, those four. 00:39:47
Pillar things that you need to do, attract and retain. 00:39:51
And and performance manage a city manager. 00:39:54
Well, here we are, right. You've just done that and we do that periodically. 00:39:57
And so we've hired a city manager who we believe possesses through our vetting process. 00:40:02
We believe possesses the skills. 00:40:07
Abilities, experience and know how. 00:40:09
They are a subject matter expert in the governance. 00:40:13
Of local governments, municipalities in particular. And now that you have them, your job is to ensure that they are doing the 00:40:16
things. 00:40:19
That they said they were gonna do and that you want them to do. 00:40:23
Because that's the one employee you do get to supervise and manage. 00:40:27
Is the city manager any questions about those four areas of vision policies? 00:40:30
Communication, right? Being the Champions or the hiring of a city manager? 00:40:36
Please, I think the choice of. 00:40:42
Avoiding here, it's interesting that you use the word shepherd. 00:40:45
That the city manager should shepherd the council's vision. Can you elaborate on what you mean by shepherd? 00:40:49
Yeah, you know. 00:40:56
It is a form of leadership and may be evidence of one that I like. 00:40:58
You can only be a shepherd leader if you have competent people around you. 00:41:02
Right. And what does the shepherd do? A shepherd sometime walks behind. 00:41:06
And when I think of a sheep shepherd, right, and and one of the sheep starts to wander off, you know, and wander off. 00:41:09
They get them back in, they jump in and bring them back into the fold, if you will, that kind of thing. Some shepherds are in 00:41:16
front. 00:41:19
In March. 00:41:23
This is still true in March. 00:41:24
I had an occasion to to visit the Middle East. 00:41:27
And I was in Israel. 00:41:30
And in Turkey? 00:41:31
And while I was there. 00:41:33
We we went with this. 00:41:35
Individual who we had hired and took us out because I wanted to see the Shepherd leadership at work. 00:41:37
And sure enough, they had corralled. 00:41:41
Couldn't be less than 500 sheep into the safeguard. 00:41:45
Natural demographics around. 00:41:48
And then a gates made out of wood. 00:41:50
Like an Old West kind of gate, you know what I mean? Just raw, raw fencing. 00:41:54
And that's for protection. And the shepherds align themselves around the outside at night. Some they had one or two dogs, but 00:41:57
mostly it was human work. 00:42:00
And in the morning they opened the gate. 00:42:04
And once Shepherd calls. 00:42:07
And his sheep. 00:42:08
Know his voice, and they follow him. 00:42:10
And then the next shepherd and the next. And it's amazing how that unfolds. Some shepherds I noticed are out front. 00:42:13
Summer up and back and they're doing this right, bringing them back into the safety of of the. 00:42:18
Flock. 00:42:24
And so for me, a city manager. 00:42:26
If he or she is fortunate enough to have a capable workforce. 00:42:28
Working, for example, in the city of Port Wanami. 00:42:32
All he or she has to do. 00:42:35
Is give that vision. 00:42:37
Taken from you to those directors. 00:42:38
And ensure that those directors. 00:42:41
Are communicating. 00:42:43
And managing. 00:42:45
The outcomes of their responsibility to achieve the vision that you have set. 00:42:47
And they ship her debt by. 00:42:53
Pretty much leaving them alone until they need to go there and speak. 00:42:54
And do or take action. 00:42:59
And if you have a director, who for example? 00:43:00
Is more of a placeholder than a leader. 00:43:03
They're in their final years of those peers, handcuffs. 00:43:05
And. 00:43:08
They're not really doing much. Let's just say an example. Of course I'm thinking of an entirely other city than this one. 00:43:09
And. 00:43:15
Then the city manager has to get in to say, hey, this is not OK, you need to do more. These are the things that you were lacking 00:43:16
with specifics, right? 00:43:19
And I need to see this from you. Let's check in and. 00:43:23
30 days and see where you're at with this. 00:43:26
To me that is the shepherding part when the performance isn't happening. 00:43:28
They are guiding that performance. 00:43:32
They are leading that performance and they're holding it accountable. 00:43:34
And the accountability can be absolutely positive, as positive as it can be, but it has to has consequences. 00:43:37
Has to have consequences. 00:43:42
In order for it to be effective because structure drives behavior. 00:43:45
Systems thinking. That's how it works, right? 00:43:49
So that's what I mean by shepherding that they they need to be constantly vigilant. 00:43:51
Because they have to report back to you. 00:43:55
Right. And if there's elements to it and our mayor has a question, Council Member Gamma has a question, why haven't we achieved 00:43:58
this or why haven't we achieved that? 00:44:02
And the answers need to be readily available. 00:44:07
Lack of resources? Ohh well we had the tornado that came through. 00:44:10
And it set us back, you know, three months. 00:44:14
There have to be answers to those questions. 00:44:17
And if they're not, then you know you have to ask why don't we have answers? 00:44:20
Does our leader not have their finger on the pulse of what's happening? 00:44:24
Right. And then we could also ask as we police each other. 00:44:27
Well, Mr. Mayor, I appreciate your question, but as I'm listening to the. 00:44:31
City manager. 00:44:35
It seems like that information would not be available to anybody, so I'm not sure how reasonable the request is. 00:44:36
And you? 00:44:41
Police each other on the idea of whether or not we're making unreasonable demands on our leaders. 00:44:42
Right. So that's an important part of this, of what you do. So that was my long answer. Thank you, Council member to that 00:44:47
question. 00:44:51
Any other comments or questions? I don't want to be questions, they can be comments. 00:44:54
Are you comfortable with this some? 00:44:58
If you disagree with any of its. 00:45:00
Is it consistent with what you learned when you went to the League of California Cities? 00:45:02
Right. And they're training. 00:45:07
It's better. 00:45:09
That's better than what? 00:45:10
We got it. The league, I think. Good, good, good, good. All right. See. Nothing. Let's continue to press on. 00:45:12
And and I will take a break by the way, right at the one hour mark what what is, what was our agenda on how much time we allowed 00:45:16
it for this meeting? 00:45:19
2:00 o'clock two hours, right? 00:45:23
Alright, so I'll take a break right into one hour, right? 00:45:25
So right at 4:00 o'clock. 00:45:29
I will take a break. 00:45:30
So. 00:45:32
When you give that direction. 00:45:34
Please remember, stay in your lane, right, in a positive way, council member comma. You have a different number. 00:45:35
Is it 4:30 or? 00:45:42
No, that's for the next meeting. 00:45:44
So. 00:45:49
Well, I going till five, right? Yeah, we'll go till 5. 00:45:50
OK. 00:45:52
OK. 00:45:53
For the next meeting. 00:45:57
Very good. 00:45:58
A little more likely. 00:46:02
Maybe, Anna, it's maybe the. 00:46:04
That's. 00:46:08
Yeah, that's nice. I can see you all even better now. 00:46:09
So since we know those are our roles and and truly. 00:46:13
You know when, when we elected you right, We the people. 00:46:16
That's our expectation of you. 00:46:20
Some people may have other expectations of you. 00:46:22
They may say right as they come to you, hey, I voted for you, I campaigned for you. My whole neighborhood got you a majority of 00:46:26
the voters, You know, because what we did. 00:46:30
So what are you going to do about this tree? 00:46:35
Right. 00:46:38
And they may come to you with those questions. 00:46:39
And I think those are fair requests as far as in their mind goes or their collective paradigm. 00:46:41
But if it doesn't fit. 00:46:46
Within what we just described. 00:46:49
Of setting a vision. 00:46:51
Right setting, adopting policies and procedures. 00:46:53
Being champions and communicating what these things are. 00:46:56
And then working through our city manager who we hired will hopefully will retain and will be great for us. 00:46:59
Then we don't do it. We say, hey, I appreciate what you're saying. 00:47:04
I can see why that would be a concern to you. 00:47:07
I will talk to our city manager and let him know. 00:47:09
About this concern. 00:47:12
And. 00:47:14
Hopefully that will go through the process and they'll let you know what can or can't be done. 00:47:15
That's it. That's what we do, right? To stay in our lane, if you will. Why? Because there's immunities that we're talking about 00:47:19
here. When you stay in your lane, there are protections. 00:47:23
And and if you want great detail on those, just talk to your city attorneys office and and have them talk to you. 00:47:29
About those things further, what we'll cover is just a little bit here on those immunities in a little bit as well. 00:47:35
But those four areas have to be our driving force. 00:47:41
As we now pivot over to. 00:47:44
What our council manager role looks like and what we do so relying on the great municipal code of Port Wanami, not going to spend 00:47:46
a lot of time. 00:47:49
I'm just going to summarize some of these and and not read them, but a couple I will read. 00:47:53
So you created the office of City Manager, if not you, then your predecessors with this municipal code that we have. 00:47:58
And and one of the things that I read that I liked, I don't see it in everyone. There's a lot of, you know. 00:48:03
There's a model, sort of municipal code out in the world that a lot of people rely on. 00:48:08
In California, and I will tell you that not all of them say. 00:48:13
Appointed by the Council solely on the basis of merits. 00:48:17
I like that. 00:48:21
I like that statement because I've always felt. 00:48:22
I just want to be the master of my own destiny. 00:48:25
And I don't want any artificial obstacles there, and I don't want any nepotism or favoritism getting in the way either. 00:48:27
And so solely on the basis of merit, I like that very much. 00:48:33
This one tells us. 00:48:36
That the city manager is the leader of the administration of the day-to-day operation of the city. 00:48:38
As it says on the last, second, last line, efficient administration of all. 00:48:46
Of city affairs under his control. 00:48:50
Right, and here's how he does it. Or she does it, depending on who our city manager is. 00:48:52
The top ones just telling us. 00:48:57
They prepare a budget. 00:48:59
And they monitor the budget and they report to you on the budget. 00:49:00
You can expect that of your city manager based on your code. 00:49:03
They keep you fully apprised to the financial conditions of the city. 00:49:06
Big part of it. 00:49:10
Your municipal code that you develop says, yeah, we're gonna do that. 00:49:11
And by the way, we want you to prepare periodic financial reports for us and that office does that, the office of City manager. 00:49:15
On this one. 00:49:21
It's talking to us a lot about. 00:49:22
Umm. 00:49:24
There are procedures and policies at times that need to be developed in order to administer the business of the city. No better 00:49:25
example of that than 2020-2021. 00:49:31
And 2022 with our worldwide pandemic. 00:49:36
So many of my client cities. 00:49:40
Umm. 00:49:43
Had to develop hybrid work policies right or full remote work policies. 00:49:44
And some of them work so well. 00:49:50
One of my public agencies. 00:49:52
Still has. 00:49:54
A remote policy where people only come to the organization. 00:49:56
Once, Maybe twice a week, tops. 00:50:00
And they're still all working remotely because they've been so productive. Now they're not a city. It would be different if you're 00:50:02
a city. How do you do public works remotely, right? How do you do public safety remotely? 00:50:07
There are regional agency that serves all nine counties of the Bay Area. 00:50:11
And so there's they're able to do it and they're doing a great job with it. So they the manager does that, our city manager who we 00:50:16
hire retain. 00:50:19
Formulates policies and rules and regulations, etcetera. They're going to attend council meetings. 00:50:23
Right. They attend council meetings. 00:50:28
And when I said the earlier one about. 00:50:30
Prepare administrative rules and regulations necessary or expedient. 00:50:34
That doesn't mean they can create legislation. 00:50:39
Or policies or procedures, right? That's your job. That was clearly the second pillar for you. 00:50:42
And they do that but exigent circumstances. 00:50:48
They have authority to do certain things. 00:50:50
And they're they're your PR person. 00:50:53
You wanted to be good at that because there are a big part of that. They ensure that. 00:50:55
All the paperwork that needs to be done for people to conduct business in the city within the rules you created for the city. 00:51:01
Are accomplished and if not, there have to be consequences, right? And if changes need to be made because of exigent 00:51:06
circumstances, you expect them. 00:51:09
To be competent and capable to do that. 00:51:13
And then they appoint people. 00:51:16
Hopefully qualified, capable. 00:51:17
Based on their merit, kind of people to do the people's business here in the city. 00:51:19
They dismiss, suspend, remove all those things on there. 00:51:24
Letter H sub Part H. 00:51:28
Employees in the city within. 00:51:31
The bounds of the law. 00:51:33
Right, whatever law applies. 00:51:34
And they sometimes employ temporary part time people as needed. 00:51:36
Going through a couple of these. 00:51:39
They bottom when they devote his or her entire time to the duties of his or her office. 00:51:41
And to the interests of the city. 00:51:45
Or we need that? 00:51:48
In the city manager. 00:51:49
I've never met a city manager who could have one foot on the dock and 1 foot on the boat. 00:51:50
And be really successful at it. 00:51:55
You know they're gonna get wet if they try to do that. 00:51:57
So I think that's an important one. I'm glad you have it in your. 00:52:00
Municipal code describing the duties of that city manager. 00:52:04
And perform other duties as you require of them and within their power. 00:52:07
Procure things that need to be procured within the policies. 00:52:11
That you've adopted and created consistent with those things. 00:52:15
And always keep it in mind, being fiscally sound. 00:52:18
And can. 00:52:21
Having that budget in mind. 00:52:22
Recommend. Here's where it comes back to you. Recommend ordinances and resolutions. 00:52:25
To the Council for adoption. 00:52:29
One of your primary roles. 00:52:31
Right that that the the city manager deems necessary or expedient. 00:52:33
Does that mean you have to adopt those things? 00:52:38
Does the city manager come to you and say, hey, you need to adopt this? 00:52:41
They might, but I don't know how effective they would be and how long they would last if they were dictating to you. 00:52:44
I do know city managers that wield a great deal of power. 00:52:50
And have been around their cities a long time. 00:52:53
And because of their track record of excellence. 00:52:55
They are deferred to quite a bit in that city. 00:52:58
But there's no guarantee, because you. 00:53:01
Are the shepherds the check and balance of the city's business here when it comes to ensuring? 00:53:04
Is this in the best interest of the city? 00:53:08
Right. Is this in the best interest of the people? That's your role? 00:53:11
And so you have to maintain that one, take that one very seriously. 00:53:15
Right. 00:53:18
We want to make sure our city manager also knows that if there's something going on here. 00:53:19
That somehow impeding our ability to effectively discharge the work of the city. 00:53:23
They're on top of it and they report back to us and we say. 00:53:27
Hey, what's this? Hold up. 00:53:30
How come we haven't had any permit signed in? 00:53:31
The last three months, what is the problem? Whatever it is, right, we expect them to be able to answer those questions for us. 00:53:34
With facts and data. 00:53:39
And do those things. 00:53:40
So there's a lot we expect of these city managers exercise general supervision. 00:53:42
Over all of our structures. 00:53:47
And ensure they're properly maintained, right? And a good facilities crew, et cetera. 00:53:48
Capital improvement projects, we expect them to be on top of those as we. 00:53:54
And charge them if one of our pillars one of our visions. 00:53:58
The pillar of creating a vision is, hey, we want to get on in 2324, we want to be right on top of. 00:54:01
The deferred maintenance of our City Hall. 00:54:09
Right Then you expect him? 00:54:12
To formulate a great deal of those capital improvement projects, along with building, planning, community development, whoever 00:54:14
that is, and to shepherd those things through. 00:54:18
And report back to you on a consistent basis, those types of things. 00:54:22
Cooperate with community organizations. 00:54:26
We hope they're never at odds with any stakeholders in Port Wanami. 00:54:28
Umm. 00:54:32
This is always one that I wonder how people feel when I bring that one up. 00:54:32
People haven't written in different ways. Under your subpart S, it says receive an open all mail address to the council. 00:54:37
And give immediate attention thereto. 00:54:43
So that all the administrative business referred to and said communications. 00:54:46
Not necessarily requiring Council manic. Like that word, action may be disposed of between council meetings. 00:54:50
So just a quick question. 00:54:56
Is it our city clerk that opens that mail? 00:54:58
Right. And that's what's necessary for it in filtering that. 00:55:00
Still. 00:55:05
Right. We have to have that responsibility to be maintained and and. 00:55:05
The City manager ensuring that our wonderful City clerk is discharging that duty and responsibility. 00:55:09
So this one's a little bit bigger. I put it on one slide. Neither the council nor any member thereof shall give orders to any 00:55:14
subordinates of the city manager. 00:55:19
That means. 00:55:24
Anybody below below the city manager, whether it's director, manager. 00:55:25
Non supervisory employee. 00:55:29
Patrol officer, Sergeant, you name it. 00:55:31
The city manager shall take instructions from the council. 00:55:34
Only when sitting in a duly held meeting of the Council. 00:55:37
That's your municipal code. 00:55:42
Right. 00:55:44
How are we doing this? Is rhetorical. 00:55:45
Or you can comment if you want but. 00:55:47
It's rhetorical. 00:55:49
Going back to focusing on ourselves. 00:55:50
Am I part of the problem or part of the solution? 00:55:54
City manager shall take instructions from the council only when sitting in a duly held meeting of the council. 00:55:57
Do we? 00:56:03
Expect our city manager when we speak to them. 00:56:04
To take what we say. 00:56:07
As direction. 00:56:09
Right, there's the question. 00:56:12
And the the thing I'd like to point out to you is. 00:56:14
As a member of this governance team, what you may think? 00:56:17
Is regular conversation. 00:56:21
When you pop into the city manager's office. 00:56:24
May feel like more than that to the person on the receiving end. 00:56:27
You may just say, hey, I noticed that they really. 00:56:32
Cut back. 00:56:35
Those crape Myrtle trees more than normal, they look like stumps. 00:56:37
Not like cut back crape myrtles over on Maple Ave. 00:56:41
You know, and it's just shocking to see. I wonder if they've made a mistake. 00:56:44
You're just making an observation. 00:56:49
How might that be heard by a city manager? 00:56:52
I'm going to go talk to Public Works, my director. 00:56:55
And see what that's about. 00:56:57
And so I see created action. 00:56:59
City manager has a lot of action they need to deal with and a lot on their plate. 00:57:01
And the city manager shall take instructions. 00:57:06
From the Council only when sitting in a duly held meeting of the Council. 00:57:08
Because the governance team. 00:57:12
Gives the city manager. 00:57:15
Instruction, action, etc. Not one individual council member. 00:57:16
That is a tough line for most of my. 00:57:21
You know. 00:57:25
Governance team city councils. 00:57:26
To manage, that's a tough line for many on those teams to manage. For context, we have hundreds of public entity clients. 00:57:28
Right, We do. And that's a tough line to manage. 00:57:36
Do you have any questions, concerns, clarification, or anything else that you want on this particular subject? 00:57:38
It was written, but I am in complete agreement. I did just come back. 00:57:52
From a JPI train. OK and so this is. 00:57:57
A lot more in depth. 00:58:02
But point on. 00:58:04
What? What I came back with? 00:58:06
And so I think, I think for us. 00:58:08
What is in my mind right now? 00:58:13
Is um. 00:58:16
As a. 00:58:18
Team which we are governance team. 00:58:19
That I feel that. 00:58:22
I want to believe that, my colleagues. 00:58:24
Are open to holding. 00:58:29
Each of us accountable. 00:58:31
When we. 00:58:33
See things that are outside of our own governance documents specifically. 00:58:35
But just. 00:58:40
The the responsibility. 00:58:42
Of the Council. So I appreciate you making this one comment because even sometimes. 00:58:44
Things come up and I say like ohh, I'm part of the team. I didn't even know about that or. 00:58:52
How are we even talking about this right now? Someone else will say something and I'll say. 00:58:57
Really. 00:59:00
And I'm like, am I supposed to know that too or you know? So I think that we have a lot of work to do as it relates to being a 00:59:01
governance team. 00:59:05
And that at some point we we really have to get into just really holding each other responsible and not being afraid to say things 00:59:09
that might make people uncomfortable. I'm in the same line as you are. I think that you could say pretty much anything you want to 00:59:15
say and you can be professional about it. 00:59:21
And so I would really like to get there, but I would really like to get to the point to where if I'm. 00:59:27
If I'm seeing something that I feel safe that I can call it out. 00:59:32
And that my, the other council members will do the same, I think, because if we don't get there then we'll continue to have the 00:59:37
same issues that we. 00:59:41
We we have. 00:59:45
If we don't get to the point to where we can, we can. We can. And when I say call each other out, I don't mean to be aggressive. I 00:59:46
just mean to speak up and say, ohh, I thought that was outside of our roles and responsibilities or oh, I thought that was the 00:59:52
city manager's role. Absolutely. Things like that. Yeah. And it would look like this just for a moment, I'm going to elevate 00:59:57
myself to a council member. Right, Say. 01:00:03
Ohh. 01:00:08
Council member McQueen Lejohn. Did I say your last? OK, I appreciate what you're saying there. I really do. 01:00:09
I don't know if you noticed, but the way you framed it or when that next meeting could happen. 01:00:17
It would exclude me. 01:00:21
I don't think you intended that right? And so I did. Couldn't help but feel left out of that. Or like my voice maybe didn't matter 01:00:22
as much, but. 01:00:26
Can we pick a different time? 01:00:31
Right. As opposed to me doing it this way. 01:00:33
That was a very obvious microaggression, Martha. 01:00:36
And right. And so there are ways to say things that are professional, that are courteous and are civil. 01:00:39
And. 01:00:46
We want that so bad. 01:00:48
We the people. 01:00:50
As a non elected person, not from Port Wanami, but I'm telling you. 01:00:52
We want that. 01:00:56
We do. 01:00:58
You don't need to be. 01:00:59
A jerk. 01:01:01
To get a point across or to look tough, you just don't. 01:01:03
You don't need to be aggressive or the aggressor to do that to look strong, tough, capable, like you really care about this. 01:01:07
You can do it by virtue of your regular attendance. 01:01:15
Your commitment to your preparation in advance of our Council meetings. 01:01:18
Your commitment to understanding the issues. 01:01:21
And not asking questions that are. 01:01:24
Parents and obvious that you haven't looked at the staff reports. 01:01:27
Right, et cetera. That's how we look like we are truly committed. 01:01:30
To our role as public servants and part of this great governance team of Portland, Amy. 01:01:34
This is the most time I've ever spent. 01:01:39
In the city of Port Wanami. 01:01:42
My meetings with you being the 1st. 01:01:44
And now and then continuing to come back and work with you and having the pleasure and privilege of doing so. 01:01:46
And. 01:01:51
As I drive around your city because. 01:01:52
I don't know. I kind of consider myself sort of a casual subject matter expert as I drive around all my cities that I work with. 01:01:55
There are a lot of things to like about this city. 01:02:04
And there are a lot of things. 01:02:07
You know that I see. And I said Ohh, that's what council member so and so was talking about. Ohh. That's what the mayor mentioned, 01:02:09
right. This is in my one-on-one dialogues with you. 01:02:13
And I see them. 01:02:17
You know and I think. 01:02:19
This city has so much potential. 01:02:21
You won't see it, right? It's already great as it is. I hate the idea of me suggesting like it's a meeting, a significant other. 01:02:24
Hey, I really like you. You've got a lot of potential. I can turn you into something. That's not what I mean, right? That's not 01:02:28
what I mean. What I mean is. 01:02:33
There's no reason this governance team can't be the best governance team in the history of the city of Port Miami. 01:02:39
If we're willing to look inward and say to ourselves. 01:02:45
How can I do this and be a part of this in a way? 01:02:47
That is consistent with the trust the public has. 01:02:50
And provided you with. 01:02:54
And entrusted me with to that end. 01:02:55
So this is a big one, right? 01:02:58
Watch what you say. You know and and I'm not speaking to anyone of you, I'm speaking to all five of you. 01:03:01
Watch what you say when you are meeting with our city manager. 01:03:06
If if you happen because of our city manager's absence or different things going on. 01:03:11
Our assistant city manager or whomever, That would be right. 01:03:15
Watch what you say, how you say it, to whom you're saying it, who's present when it's being said. 01:03:19
Because it may not sound like an action item to you. 01:03:24
But it's being heard as one. 01:03:27
More often than not, yes, Councilman. 01:03:28
So. 01:03:31
Mr. Preciado, can you take the example that you gave us about the City Council member going into the city manager's office and? 01:03:32
Complaining or just noting? 01:03:41
Problems with the tree. What should have happened? What would ideally? 01:03:43
How should have that gone? 01:03:47
Would the city manager have to say, you know you need to bring this up at council and then just the council member come to 01:03:49
council? 01:03:52
And bring it up and then go through an approval process. 01:03:56
Ideally, what would be the? 01:03:59
Optimal way of. 01:04:01
Addressing once? Yeah. Concern. 01:04:03
Yeah, that's a good question and and. 01:04:05
And rely on the city attorney to. 01:04:07
Get me back on track and shepherd me and if I run afoul of this one. 01:04:10
But there is an obligation in these. I meant what I said when I said I did read them. 01:04:15
Read him a couple of Times Now. 01:04:20
That says you know when your mail comes. 01:04:21
Our city manager slash, our city clerk, is going to review that. 01:04:23
And provide you with any information that's needed, otherwise process it the way they would. 01:04:27
And you each. 01:04:31
Have an obligation. 01:04:33
That if you get mail from a member of the public related to a matter of public concern, et cetera. 01:04:34
That you're supposed to give that to to our City Clerk for processing as well. 01:04:40
That's what it says in here, right? 01:04:44
And because it's a matter of public record, it's a matter of. 01:04:47
You know, is it? 01:04:51
Discoverable as the PR a public records act, right? That kind of thing. 01:04:52
So. 01:04:57
Kevin, do you want to chime in on that right as we're talking about public records as well as records retention. I believe the 01:04:58
City of San Jose case made very clear that even records received by council members on their personal cell phones or their 01:05:03
personal e-mail addresses. 01:05:07
So long as they relate to items of city, business need to be preserved and or turned over. 01:05:12
In the event about public records, act request which they are responsive. 01:05:19
In addition, one of the things that's that's off cited in our records retention schedules but not. 01:05:22
Very well talked about as government code section 34090. 01:05:27
Which essentially requires that any record document needs to be retained for a minimum period of two years. 01:05:32
So that would theoretically include. 01:05:39
Text messages. 01:05:42
Emails things of that nature and if a Public Records Act request does come in and those items are not preserved. 01:05:44
There's some potential liability there. 01:05:51
Thank you. That's exactly what I was looking for, Council member Davis. So I was the target of A. 01:05:53
Nasty gram that was sent to. 01:05:59
For my colleagues and not myself. 01:06:01
So what you're saying is, is that? 01:06:04
That should be shared with me. 01:06:06
No, it should be shared and processed through our City Clerk. 01:06:09
And then she would follow whatever process we follow. 01:06:12
In the context of correspondence like that so, but again I want to be clear. 01:06:15
Somebody sends a letter and it says Steven Gomez is the worst person. Yeah, for this assignment. 01:06:19
And and sends it to everyone but me. 01:06:25
Should not be made aware of that. 01:06:28
If it's gonna be discussed in a meeting, is that our policy in the city that when you get a mail, mail like that referring to a 01:06:30
council member who didn't receive it? 01:06:34
Is it our policy that then we make that Council Member aware? 01:06:40
Because we follow whatever our policies say. 01:06:44
I haven't personally received a such a notice or complaint or letter, but normally what I do do is when I get something, all 01:06:48
council is made aware. 01:06:53
It's like what it's provided to one, it's provided to all. 01:06:59
That is typically the answer. Council member, Yeah, well, but I think what he's referring to is it was only sent to council. It 01:07:02
was not sent to anybody else. 01:07:06
And so, going back to what our city attorney said, then council should have provided that to our records keeper. 01:07:09
Our city clerk, who then would have made it available to all who had not, and that would be you should have gone to you. Yeah, 01:07:16
right. And it should be. 01:07:19
Across the board I mean if information and I think that's been a problem that. 01:07:23
We had previously as a sharing of information. 01:07:27
You know, like if I. 01:07:32
Said Hey, a tree just fell over. 01:07:34
That I. 01:07:38
Observed on a 10:00 o'clock at night walk. 01:07:39
And I do the go Gov. 01:07:42
To to. 01:07:45
Make the city aware of it. I don't expect that to be shared with all the other council members. 01:07:46
Is that correct? 01:07:51
What does the Gogov do? Is that part of our website alerts? It's a way to report issues. 01:07:54
Graffiti, like graffiti, is a great example. Here I see it, I take a picture, I send it in. 01:07:59
And we move on. 01:08:05
Yeah, but that's quite different than. 01:08:06
Somebody, yeah, because that's a communication from you, not somebody else, to a council member like you or any of the others. 01:08:09
And if you're sharing that communication, it's not clear that. 01:08:17
What one of you shares? 01:08:20
In your observations about the city needs to go to everybody else. That part's not clear to me. 01:08:22
And I I think it's important here to highlight the implications of the Brown Act where a quorum may not discuss or deliberate or 01:08:26
take action on any item of business within the subject matter jurisdiction of the city, certainly if if an item of. 01:08:34
Public significance gets sent to 1 member of the Council. 01:08:42
Then each of the other members should. 01:08:46
Be free to access it and it should be provided to everyone on the Council equally. 01:08:48
The problem then lies in. 01:08:53
There can't be deliberation. 01:08:55
Not unless it's agendized for a duly organized public meeting where the public has an opportunity to comment as well. 01:08:57
And that's assuming it's within the subject matter jurisdiction of the city. 01:09:03
So when? 01:09:07
So. 01:09:08
So if a letter is sent to four council members. 01:09:09
On a. 01:09:14
Targeted subject manner. 01:09:15
And the other council members not. 01:09:18
Provided that information, and then there's a discussion of it. That letter in a deliberation on the on the dyess. 01:09:20
You know that. 01:09:28
That's. 01:09:29
Unfortunate, I think. I think, but again it. 01:09:30
That shouldn't happen, in fact, what you're saying, Well, not if it's of correspondence the way we just described it, if it if it, 01:09:34
you know, checks these boxes. 01:09:37
Then at some point you should have been provided with that information. Matter of public interest from members of the public to 01:09:42
the. 01:09:45
Other council members, you know that information needs to be shared and we don't always remember that one. Why it's good to have 01:09:49
meetings like these. 01:09:52
To remember that when that letter comes, whether it's about, hey, we have this barking dog issue in my trailer park on the east 01:09:55
side of town. 01:09:58
You know, stuff like that, we turn it over and then it gets disseminated as appropriate. So she had her hand up first and then 01:10:02
we'll go to our. 01:10:05
Mayor Pro Tem. 01:10:08
And I'm. 01:10:11
Pain. 01:10:12
But. 01:10:13
The letter he's talking about. 01:10:16
I received it. I didn't know anybody else received it. I thought the person had sent it to me personally. 01:10:18
And so I was like ohh OK and I didn't respond to it. 01:10:24
And then not until we got on the day as that, I realized everybody had gotten it except him. So it wasn't. I don't think it was at 01:10:27
anyone. Anyone knew that everybody else got it. 01:10:32
I thought it was just sent to me personally. 01:10:38
And then on the day as I, I realized it had been sent to everyone else. 01:10:40
Understood. Yeah, understood. So that I just wanted to say that so. 01:10:44
Steven understands. It didn't go to everyone and everybody wasn't on the distribution list. 01:10:49
Madam Mayor Pro Tem. 01:10:54
This also includes tech messages, so if we get a text message about something. 01:10:56
A community member complaining about something. 01:11:01
Then how are we supposed to handle? 01:11:04
Like that. 01:11:06
This is one of those unresolved issues of the city of San Jose, Case and I I've seen a number of cities take the position that. 01:11:08
Text messages and even certain cities, have made the argument that emails are not documents within the meaning of the government 01:11:17
code. In fact, they are transitory communications more similar to a post it note. 01:11:23
I am unaware of any legal authority that that bolsters that, but certainly the government code cannot be read to. 01:11:29
Require us to keep for a period of two years every post it note we scribble on. 01:11:37
Such such a result would be absurd. Unfortunately, the best answer that I can give you is that the law is very, very slow to 01:11:42
change and adapt to new technologies. 01:11:47
My advice would be. 01:11:53
That text messages and things of that nature, if they don't need to be deleted for I'm going to go into electronically stored 01:11:55
information discovery procedures if they don't need to be deleted as a result of routine operations of systems. 01:12:02
I would recommend retaining them because they might be discoverable in the future. 01:12:08
And an adverse inference instruction in a jury proceeding. 01:12:13
Or a charge that we've failed to comply with Government Code section 34090. 01:12:16
Certainly exposes the city to liability. That being said, there may be an argument in the event we ever find ourselves there that 01:12:21
these are in fact transitory, but I would err on the side of safety. 01:12:26
Given the unsettled nature of law. 01:12:32
I'm glad we're talking about this, because clearly you're all interested. Clearly you want to be reminded. You want to know where 01:12:34
the. 01:12:37
Boundaries are etcetera. So it's a good thing and I'm glad we have our city attorney here. 01:12:39
To assist us in in some of that. 01:12:43
Even though did you hear all that legal jargon in there? Ohh my gosh right. As a recovering lawyer for the last 20 years, not 01:12:46
going to lie gives me a little bit of chills to see how impressive that is. 01:12:51
But but the reality is. 01:12:56
Umm. 01:12:58
A lot of this is just going to be, hey, you know what, When in doubt. 01:12:59
Check. 01:13:03
Just check. 01:13:04
Right. Hey, is this something I need to turn over? If not, I'll just leave it as is. I won't delete it. 01:13:05
Just leave it at is and. 01:13:09
Hopefully no adverse rulings in the future for evidentiary purposes, right? 01:13:10
OK, so. 01:13:15
Umm. 01:13:16
When when it comes right down to it, be mindful. Ohh, good time to stop. We've been sitting. You been sitting there for an hour 01:13:17
and 11 minutes at least. 01:13:20
I think we started a little early. 01:13:23
Take a quick break, right, Come back and what about 5-5 minutes? Enough. 01:13:24
Please do. 01:13:31
Couple of slides, but this whole slide deck I'll certainly make available well. 01:19:47
I think our City clerk has a slide deck right on your laptop there. Now, yes, can be made available to any of you that want to 01:19:51
slide deck. 01:19:54
There are immunities because we want to encourage. 01:19:58
Citizens to engage. 01:20:02
And not have sort of any chilling impact or concern for liability. 01:20:05
We created governmental immunities that provide that. 01:20:08
Provided you maintain your role within that governance team that you're on. 01:20:12
They will continue to work in your favor. 01:20:17
And specifically, for example, as Government Code section 820.9. 01:20:19
Members of city councils, mayors, members of boards of supervisors. 01:20:24
Members of school boards, Members of governing boards of other local public entities. 01:20:28
Members of locally appointed boards, your commissions, etcetera. 01:20:33
Locally appointed or elected advisory boards bodies are by are not vicariously liable for injuries caused. 01:20:36
By the act or omission of the public entity or Advisory Board. 01:20:43
That is a nice thing to have. 01:20:48
Right. Anything like that would be marvelous in anyone's life. 01:20:50
Right. That exists out in the world, so we want to encourage you to participate, so. 01:20:54
If something were to happen, and again I rely on our city attorney to. 01:20:58
Correct any misinterpretation I gave you, but. 01:21:02
If you pass an ordinance or you pass. 01:21:04
You know, measure whatever thing you would be doing. 01:21:07
Legislating as an official member of this governance team. 01:21:10
If somehow that created. 01:21:13
You know, a a situation where somebody in some form was injured or presented a claim to the city. 01:21:16
You cannot be held individually liable provided you are within the bounds of this particular immunity. Does that sound generally 01:21:21
right? 01:21:25
I'm getting a a shaky nod, but there it is. OK, You had your hand up, Mr. Well, you answered my question. OK, OK. 01:21:29
So, but I do have to give you this caveat on this next slide which is. 01:21:35
Nothing in this section exonerates an official from liability for injury caused by that individual's own wrongful conduct. 01:21:39
Right, So it's not like blanket immunity, right? Nothing in this section affects the immunity of any other public official. 01:21:47
So if on an individual basis. 01:21:54
You accessed information that you are not Privy to. Like you know, in the great state of California we have an express. 01:21:57
Right of privacy. 01:22:03
I believe it's under Article One of our Constitution, whereas you know in the United States Constitution it's implied multiple 01:22:05
places, but the right of privacy is implied. 01:22:09
That's sacred here, right? And for example, medical records, we don't don't even put them when we when we receive them. 01:22:14
For a variety of reasons, we don't, when we have in our possession, put them in the regular. 01:22:21
The day-to-day personnel file of the individual, we put them in a separate place for greater security, greater privacy protection. 01:22:26
If one of you happened to access electronic records of an individual. 01:22:33
Learn about information you otherwise should not be able to access or have access to. 01:22:37
And you engage in any sort of invasion of privacy? 01:22:42
Right. Or violate somebody's privacy rights? 01:22:45
That is not protected under this immunity because it is an individual. 01:22:48
Act of wrongful conduct by you outside the course and scope of your role. Yes, Council Member Gamma. 01:22:53
Would if we were accidentally sent something. And as soon as you realize, hey, I shouldn't have this. 01:22:59
What would be the best? 01:23:07
Practice. 01:23:09
Yeah, I would definitely, you know, if you come into possession of any information. 01:23:11
And somehow wrongfully attached to something and we get this in discovery all the time. 01:23:16
Our responsibility ethically as to what? 01:23:21
Only review it enough to figure out, hey, I shouldn't be seeing that. 01:23:23
Their legal litigation strategy? Take that. 01:23:26
Send it back to them, etcetera. You. 01:23:29
Either let somebody know, let HR know, Hey, I was given this information and my. 01:23:32
Council packet. 01:23:36
Right. Was attached to it. It doesn't look like I should have this. You're right, they may say destroy that. 01:23:37
Delete it, shred it, whatever. Or they may say we need that back. 01:23:42
Whatever that instruction is, if you comply with that upon learning. 01:23:46
Right, not studying it. 01:23:50
Blowing it up into a visual. 01:23:52
Anything like that, Upon learning of it, you get the instruction to do what you're supposed to do and you follow it. 01:23:54
I believe you would be just fine. It's inadvertent. 01:23:59
Unintentional. Not, you know, any sort of intent on your part to gain access to that or use it for any reason, or to violate 01:24:01
anyone's rights. 01:24:06
I think you'd be fine. 01:24:10
And I don't hear our city attorney objecting to that. So does that also include acts by individual? 01:24:13
Council members. 01:24:19
They that go against council direction. 01:24:22
On their own, that would be considered a violation of another individual's rights or. 01:24:25
Rights to privacy. 01:24:31
It it it includes any individual actions by a council member that violates somebody else's rights. 01:24:33
Some kind of tort claim? Some kind, whatever it is. 01:24:40
Right. Anything that we do? 01:24:43
As individuals, not as a collective. 01:24:45
Right. And I I'd argue that it is maybe some things you all decided to do that was a wrongful act that wouldn't qualify for the 01:24:48
immunity either. It'd be a conspiracy at that point, right? And then it wouldn't be protected either. Anything to add to that? Our 01:24:52
city attorney would be pretty good there. 01:24:56
And the main thing that I would add is that California law and similar federal laws protect legislators when they're acting in a 01:25:02
in a specifically legislative field. 01:25:06
So the discussions that you have on the day on the dais, acting in the capacity as a representative Council and and passing 01:25:11
ordinances and resolutions in that regard. 01:25:16
That is all pretty. 01:25:21
Protected under legislative immunity. 01:25:24
Once you start acting as an agent of the city individually, without council authorization and things of that nature. 01:25:26
That's where personal liability will attach. 01:25:34
Yeah, and and even if you prevail, what a nightmare and a headache those things are. 01:25:38
Not just from the PR standpoint, but just from your own piece of mind. Laying your head on your pillow at night without this 01:25:42
hanging over your head? Yes. 01:25:45
That suggest that perhaps there should be another caveat. 01:25:51
And the caveat being that. 01:25:54
If your. 01:25:56
Opining or doing something. 01:25:58
Relative to city business. 01:26:01
Right. I mean what I do at my work, what I do. 01:26:04
On my own personal time. 01:26:07
Is one thing but. 01:26:10
If it's related to city business and that's where. 01:26:12
You could. 01:26:16
Could you drag the city into liability situation like. 01:26:17
I don't want to. 01:26:22
Give any specifics, but you understand what I'm saying like yeah and if you're if you're commenting on city business. 01:26:22
Irresponsibly. 01:26:28
Doing an action to try and. 01:26:30
Sway something one way or another that. 01:26:32
I think that's where sounds very Machiavellian right there, right. Yeah, we're out there trying to influence behaviors or change 01:26:35
or support or whatever else. Yeah, there's there's potential for it and I'm sure Mr. Preciado that the plaintiffs bar will throw 01:26:41
whatever they want against the wall and see if it sticks and one of the ones that. 01:26:47
Typically gets thrown out is a 42US code 1983, which is a deprivation of civil rights under color of authority. So even if a 01:26:53
council member or a city agent was. 01:26:58
Not acting within the course and scope of his or her duties, the frequent argument or under some qualified immunity. The frequent 01:27:03
the frequent argument is that. 01:27:07
Some member of the public's rights were violated under color of authority and therefore the city is liable because, let's face it, 01:27:12
the city has deeper pockets. 01:27:16
Small cities doesn't matter, right? There's a JPA out there who will pay, and that's how they look at it. They know, they know the 01:27:21
structure of things, right? Good, good. Pivot over to a JPA, right? What if you're serving on other? 01:27:27
Boards on behalf of the city. 01:27:33
Right. Can you give me some idea of what those would be? I know the one Cal JPA. 01:27:36
Council Member Gamma. You the representative on Cal J PIA, that board. 01:27:41
What other ones would it be? 01:27:45
SCAG Very good. 01:27:47
Who? Who's representing us on that? 01:27:48
Yeah. 01:27:50
Both of you. 01:27:51
Alright, any others that we have? 01:27:52
Are those? 01:27:54
OK. 01:27:59
So, so you're out there. 01:28:02
This is an extension right of your role on this governance team. 01:28:04
And I think each of you would want from the other if there were things relevant to matters pending before the city that. 01:28:08
Everybody came back and discharged their duty and responsibility to keep the governance team informed. 01:28:14
Right. If if Cal JPI was changing their model for. 01:28:19
You know, calculating the experience modification factor, the xmod which determines your contributions every year to maintain your 01:28:23
membership there for general liability for EPL for whatever coverage is out there. 01:28:29
You'd want to know that. You'd want the rest of the governance team to know that so you can decide. 01:28:35
If it should go on an agenda. 01:28:40
Right. And and whatever process we're going through to make sure we get things on the agenda. 01:28:42
I like seeing the word agendas, but I hate that it keeps getting autocorrected in every other document you know and so. 01:28:47
That's that's an important part of it. So that we have a discussion, hey, should we look elsewhere? 01:28:53
Right. For this cover, should we go back to the commercial market? It's soft, right, whatever that is. And so that's the key here. 01:28:58
So that's important for you to keep each other informed. 01:29:02
Especially on things pertaining to the city and the best interest of the city. 01:29:06
But just wanted to give you 1 slide on some stuff here on the top one. 01:29:10
When you're on those boards, you really do us a great service. 01:29:13
And conducting the people's business. 01:29:17
If you are as prepared or just say well prepared there as you would be for any City Council meeting. 01:29:19
You know as as somebody again who ran those those Jpas for so long with my colleagues. 01:29:25
Was a wonderful experience to have that much of the public interest in mind. 01:29:31
And and protecting that almighty sacred tax dollar, right? 01:29:35
And it was always disheartening to see a board member sit down at those JPA meetings. 01:29:38
As back when we had binders mostly right and break the seal on that binder for the first time as they sit down. 01:29:43
To conduct the business of that JPA. 01:29:49
That's tough, right? Because there's so much information that staff went into with all that. So be prepared and be prepared to 01:29:52
analyze that data. 01:29:56
And needs to be analyzed so you can make informed decisions. 01:30:00
For the collective. 01:30:03
Any questions about that? Any disagreement there? 01:30:04
Is it a burden? You just show up and that's OK? 01:30:07
Second one, exercise board member voting rights and cast votes based on the best available information. 01:30:11
And the best interest of the people still think of those four pillars, right? And what that means? 01:30:16
Work through the city manager when seeking any information from that group. 01:30:21
Whether it's a pollution board, an air quality board, a county board of. 01:30:25
You know that were assigned to et cetera. 01:30:29
When there's things that are needed, I know you're the board member. 01:30:31
But still your your job. 01:30:35
Right overall, as a council member, said a vision. 01:30:38
Policies and procedures communicate and champion. 01:30:42
Higher City manager and work through them. 01:30:45
Your board member role there has limitations. 01:30:48
Right. Participate in reading the material. 01:30:51
If you want things from that board, information, some statistics that were cited, et cetera, because it somehow relates to what 01:30:53
we're doing here. 01:30:57
I wonder what it is we're doing here that needs that. Is that your council member governance team role stuff? 01:31:02
Or is it something related to a staff report that's relevant to something that's on the agenda? 01:31:08
If so, that needs to go to the city manager. 01:31:13
That goes to the city manager and the city manager will request that information from that board. 01:31:16
Whatever those things are. 01:31:21
Otherwise, you're getting into the weeds. 01:31:23
And you're starting to look like you're in the. 01:31:25
A place where you shouldn't be. 01:31:28
Any questions about that? That one isn't always clear to us as we see that going on. 01:31:30
And if you work for the city manager, it's the safest thing. 01:31:35
And as you discuss it with them. 01:31:38
You know it, it should be done in a way. 01:31:40
That, again, isn't creating individual action in a conversation that isn't by a sitting governance team. 01:31:42
So we may want to consider how we bring that up, where we bring that up, and if you're not sure. 01:31:49
Ask your city attorney. 01:31:54
Ask your city attorney what would be the best way. 01:31:56
If I believe I need this information. 01:31:58
From this JPA. 01:32:00
That manages our XY and Z. 01:32:02
You know and council. 01:32:05
Member Hernandez is on that board, and I think they could provide us with this data. 01:32:07
Should I just ask the city manager to get that Kevin, or should I, you know, figure that one out through? 01:32:12
The proper channels so that we don't start engaging in business that we shouldn't be engaged in. 01:32:17
As a long one, I know, I apologize. 01:32:22
Force. 01:32:25
Dude. 01:32:28
There's the whole. 01:32:29
Purposely. 01:32:30
Conducting business that would be left to. 01:32:31
Staff. 01:32:34
Yeah. 01:32:35
But it's cold. 01:32:36
Elected officials. 01:32:37
To do so. 01:32:39
Figure out. 01:32:41
When you're being appropriate as to how you're voting on something versus. 01:32:42
Whatever. 01:32:46
I could not have said it better. 01:32:47
It is very untidy. 01:32:49
There's nothing tidy about it, even though you know your role there and your role here. 01:32:51
Where do I go with that? So my this is. 01:32:55
Sorry, I'm on a bit of a soapbox here. 10 seconds. Indulge me, please. 01:32:58
My preference is that these Jpas. 01:33:01
If their governing documents allow it. 01:33:04
Have employees of the city on the boards rather than. 01:33:06
Elected people on the boards. 01:33:09
And I've worked with both. 01:33:12
And it just seems easier and much tidier when it is a. 01:33:13
Umm. 01:33:17
Assistant city manager. 01:33:18
Or a risk manager or someone like that on that board. 01:33:20
Rather than an elected person, but it works. It's worked for years. 01:33:23
And the governing documents of those Jpas dictate that. 01:33:27
So this I. 01:33:31
Served on a JPA for a very long time. 01:33:32
A public agency? 01:33:35
And there were no elected officials on that board. And so I'm wondering why then does the California JPIA? 01:33:36
Insist on having elected officials on the board and I know it's been a long time practice because I forget the ladies name, but 01:33:44
she's been on the executive committee for 30 years. 01:33:49
That's a long time. That's a long time she's from. 01:33:55
I forget her name. She's been an elected person for 30 years and she's been on the executive committee for probably 20 years. 01:33:58
There's something impressive and sick all at the same time there with that, but no. But my experience had always been like, you 01:34:04
know, the elected officials were. 01:34:08
We would report to the board, excuse me. 01:34:13
We would report. 01:34:16
I'm Risk Manager, so I would report, hey, we have this settlement that's above our authority level. 01:34:18
And we would go to the Board of Directors for direction. 01:34:24
But yeah, I just find it very odd that you're. I agree with you that. 01:34:28
All these elected officials on the. 01:34:32
Yeah, they're they're not alone though. Council member game. A lot of pools are like that a lot. We pool JPA. We use them 01:34:34
interchangeably, right? 01:34:38
And so I I don't know why some are, but they and they date way back. You're right, they're governance documents from the outset. 01:34:42
And it'll be up to them to change them if it seems like it makes sense. But. 01:34:48
I think they're like I said, they're one of the. 01:34:52
Finest operating pools and sustainable pools in California. Maybe the country. 01:34:55
Cal JPA. It's a strong pool. 01:35:00
You know the goal one day is that every poll will operate in a way that. 01:35:02
Your contributions overtime. 01:35:05
Are offset by all the risk management and loss prevention. 01:35:07
And those dollars that sit there. 01:35:10
Right. Invested in in life and other things that they have to be because they're public dollars. 01:35:12
They get handled in such a way that the return on that money. 01:35:17
Will cover your contributions for the next year and the next year after that, right? And it keeps kind of self fulfilling. 01:35:20
And the only disasters when catastrophic events happen that create liability that that's not sustainable, but there's there's a 01:35:26
lot of good reasons out there for it. But. 01:35:30
I prefer the tidier way of non elected people, but. 01:35:35
That doesn't mean it's the wrong way to have elected people. I just happen to have a preference there. 01:35:38
So continuing on. So the last thing I already covered, keep the council apprised of your work on whatever board you're on, right? 01:35:43
That's important. We all want to be included so that we're not caught off guard one day. We have to make a big decision. 01:35:49
That could have been, we could have been dealing with or processing for a year or two. 01:35:54
And we're just hearing about it at the crisis moment. 01:35:58
So here are some common pitfalls right that we'll just talk about in general. 01:36:01
And I do want your input on these. 01:36:04
So just there's there's four of them that I selected based on conversations with all of you. 01:36:06
Social media posts, for example, right? We do know in the law, for example. 01:36:11
That social media posts can create liability for cities. 01:36:16
Social media posts can trigger policy offenses by employees. 01:36:21
If they can, reasonably. 01:36:26
You know. 01:36:28
Be determined to be directed at coworkers like a firefighter who has said. 01:36:30
Yeah, it's just my my my opinion. 01:36:34
Right, My constitutionally protected First Amendment right here to say. 01:36:37
I don't think women should be in public safety, especially fire. 01:36:40
If I need one of them to carry out my 250 pound body from a burning building. 01:36:44
You know, how are they going to do that? And so forth and so on. Just exercising rights well. 01:36:48
You know, courts can reasonably determine that those were directed at their female firefighters in the departments. 01:36:52
Right And and hold them accountable for that and allow this uphold the cities decision. 01:36:57
To reprimand them, to demote them, or whatever else happened in those cases. 01:37:02
So likewise. 01:37:06
Sitting council members, elected council members. 01:37:08
Whether appointed or elected. 01:37:12
Making statements on social media. 01:37:14
To piggyback onto something, I think, council member Gamma said. Can they create liability for the city? 01:37:16
And the answer is. 01:37:22
Affirmative from our city attorney. 01:37:23
They can. 01:37:25
So. 01:37:26
You're like the whole world's absolutely entitled to have social media presence. 01:37:27
And a matter of fact, it seems odd. 01:37:33
In this world so driven by social media that an elected person wouldn't have a social media presence. 01:37:35
Except for the one or two who got hacked once or twice and was attributed some horrible things and decided I'm off completely now, 01:37:41
right? 01:37:44
And other things happen like. 01:37:47
A national presence? 01:37:50
Umm. 01:37:52
Very well known and very accomplished influentially. 01:37:53
Congresswoman from New York, Alexandria Ocasio Cortez. 01:37:57
Who had a Twitter account created? 01:38:01
You know that looks like her name. It has her picture on it. 01:38:03
And it just says something like the real AOC or something like that. 01:38:06
And she and the person makes statements as if it's her. 01:38:09
Right. 01:38:12
And Twitter says it's OK. 01:38:14
I don't know if pre Elon Musk Twitter would have said it's OK, but this one does. 01:38:16
And so there's all those challenges like that. 01:38:21
But just be aware. 01:38:24
No one's going to look at that ever and say ohh, they must be saying that as a private citizen. 01:38:26
That is not a positive assumption that is going to be made about you by 9 out of 10 members of the public. 01:38:32
Business holders, stakeholders in the city, et cetera. 01:38:37
They're going to assume you meant it in the worst way possible, and for your own personal reasons. 01:38:40
So be careful with any social media post. 01:38:46
And then another part of that. 01:38:48
Is um. 01:38:50
You. 01:38:51
Umm. 01:38:53
Putting out into the world. 01:38:54
Right, positive things that you're engaged in. 01:38:56
You know, whether it's a beach cleanup some of us talked about. 01:38:59
Other events bringing unity to the city and being inclusive events. 01:39:03
You put those out there as invites. 01:39:07
Somebody shows up because the mayor posted he was going to be there. 01:39:10
And there was going to be some great music and my favorite churros. 01:39:14
And so I show up. 01:39:17
And then I get injured. 01:39:18
Right at it. 01:39:20
And it looks to me like it was a city event. That's the only reason I came. 01:39:21
Was the mayor posted on it that he was going? 01:39:25
And I wanted to be there too. 01:39:27
And then I slip on some sand. I crack a hip. 01:39:29
Little bit of a brain injury. 01:39:33
Autoimmune encephalitis kicks in. 01:39:35
I'm just thinking of a real case and so forth, right? And so. 01:39:37
It happens, right? So any any questions about that? Because those boundaries are so untidy to use that phrase again. 01:39:41
About what's OK to put out there, please. 01:39:49
I'm not. 01:39:54
Talking about public statements or social media, but I am. 01:39:55
Wondering. 01:39:59
About I'm walking through the park. 01:40:00
And I see a risk. 01:40:03
Tomorrow it's got my hat on. 01:40:05
And our report it through Go Gov. 01:40:07
And it doesn't get corrected. 01:40:12
And I think what I'm hearing you say is OK, well then you better talk about it on the Dyess or get an agendas or or something. 01:40:14
Or do I? 01:40:21
Follow up again, Hey, Mr. City Manager, remember. 01:40:23
Pointing this out. Still there, still a risk. 01:40:26